Robert P. McGovern, Jr., Esq. v. Office of the District Attorney - Northwestern District (SPR 20161053)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor of Records December 9, 2016 SPR16/1053 Cynthia M. Von Flatern, Esq. Assistant District Attorney District Attorney for the Northwestern District One Gleason Plaza Northampton, MA 01060 Dear Attorney Von Flatern: I have received the petition of Robert P. McGovern, Jr., Legal Columnist of The Boston Herald, requesting that I reverse my written determination regarding his request to the Office of the District Attorney for the Northwestern District (Office) for public records. See SPR16/958 Determination ofthe Supervisor ofRecords (November 10, 2016). Specifically, Mr. McGovern requested to review or copy any complaints made by the DAO to the Commission on Judicial Conduct (Commission) over the past five (5) years. Previous determination In my November 10 determination, I found the Office's August 3 and October 26,2016 responses met the statutory and regulatory obligation of citing and specifically explaining that Exemption (a) and G. L. c. 211C, § 6 allow the Office not only to withhold any actual complaints in its custody, but also allow the Office to withhold any information concerning those complaints. See SPR16/958 Determination ofthe Supervisor of Records (November 10, 2016). In addition to SPR16/958, this office reviewed Attorney McGovern's request and the Office's responses during two additional appeals. See SPR16/455 and SPR16/678 Determinations ofthe Supervisor ofRecords (July 19, 2016; September 16, 2016). Having established that the Office may withhold the complaints filed along with the information pertaining to those complaints, accordingly, after another careful review of the request, all responses, and applicable statute, I find that the Office has met its statutory and regulatory obligations of supporting its exemption claim to withhold the records. Therefore, I decline to reverse my November 10, 2016 determination. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Ms. Cynthia M. Von Flatern, Esq. SPR16/1053 Page2 December 9, 2016 If Mr. McGovern is not satisfied with the resolution ofthis administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 1O (b) (pursuing administrative appeal does not 'mit availability of applicable judicial remedies). A. Williams rvisor of Records cc: Mr. Robert P. McGovern, Jr., Esq.